Jones et al v. Fontenot et al

Filing 37

ORDER granting 36 Motion for Request in part such that the plaintiffs right to re-assert his claims in a separate civil proceeding is acknowledged, and denying in part, to the extent that the plaintiff seeks entitlement to re-assert the same claim or claims in forma pauperis.. Signed by Magistrate Judge Christine Noland on 9/19/2011. (CMM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

JOHN H. JONES (#313554)

CIVIL ACTION

VERSUS
WARDEN CATHY FONTENOT, ET AL.

NO. 10-0806-FJP-CN

O R D E R
This matter comes before the Court on the plaintiff’s “Motion for
Request”, rec.doc.no. 36, pursuant to which he apparently requests leave
of Court to re-assert his claims in a separate civil proceeding, “after
a proper exhaustion of remedies”.
and denied in part.

This motion shall be granted in part

Inasmuch as the recent Magistrate Judge’s Report in

this case recommends dismissal of the plaintiff’s Complaint, without
prejudice, for failure to exhaust administrative remedies, the plaintiff
may certainly exercise his right to file a separate civil action after
exhaustion.

However, to the extent that his motion may be interpreted

as seeking to alter the Court’s Recommendation that the dismissal of this
case be “with prejudice to his refiling the same claim or claims in forma
pauperis” (relying upon Underwood v. Wilson, 151 F.3d 292 (5th Cir.
1998)), the Court declines to alter its Recommendation in this regard.
Accordingly, any subsequent action filed by the plaintiff wherein the
same claim or claims are asserted must be accompanied by payment of the
full amount of the Court’s filing fee.

Accordingly,

IT IS ORDERED that the plaintiff’s “Motion for Request”, rec.doc.no.
36, be and it is hereby GRANTED IN PART, such that the plaintiff’s right
to re-assert his claims in a separate civil proceeding is acknowledged,

but DENIED IN PART, to the extent that the plaintiff seeks entitlement
to re-assert the same claim or claims in forma pauperis.
Signed in chambers in Baton Rouge, Louisiana, September 19, 2011.

MAGISTRATE JUDGE CHRISTINE NOLAND